The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-09-06

AMONGST the worst abuses that de-
Yeloped under the old Constitution
was Legislature composed in IN
limited part of persons holding Gov
eminent offices. There was scarcely
anything that a Government controll-
ing a majority of such Legislature
could not do with those eSce-bolders.
particularly, F%slose main dependence
for living was in the public stipends
they received. That sort of material
for the lsw-making body also included
Government contractors, cases being
on record where members clearly lost
their independence. after having been
elected. through the influence of
petty contracts awarded them. 1t
was this abuse that, as much as any
thing else, contributed TO the intoler
able state Of affairs swept away in the
late revolution.
The trainers Of the new Constitu-
ton wisely determined to provide for
the independence of the Legislature,
the result being Article 20 OF that
document, reading as follows: The
supreme power Of the Kingdom, in
its exercise. Is divided into the Elk
ecuive, Legislative and Judicial /;
these shall always be preserved dis
tinct. and no Executive or Judicial
officer. or any contractor, or employee
of the Government, or any person in
the receipt Of salary or emolument
from the Government. shall be eligible
to election in the Legislature of the
Hawaiian Kingdom. or to hold the
position of an elective member of the
same. And no member Of the Legis-
lature shall, during the time for
which lie is elected. be appointed to
any civil Office under the Govern
ment, except that of a member Of the
Cabinet"
Certain questions have been sub
mitted to the Supreme Court. as TO
whether certain functionaries are IN
Guided in the ineligible list By
Judge McCully an opinion has been
rendered. declaring notaries public.
agents To take Acknowledgements TO
labor contracts. and agents to take
Acknowledgements to deeds. TO be not
eligible for election or for holding
seats in the Legislature. The point
was whether those persons were pub
lie officers within the meaning of the
article, and that being decided in the
affirmative, they must be included in
the prohibited category, however
slight their dependence for any part
of their income may be upon the Gov
eminent In the case of these classes
of officers. some OF whose appoint
ments are not subject TO cancellation
at the within Of the Ministry of the
day. the danger to the independence
of the Legislature lies, probably, not
so much in allowing them to become
members as IN permitting members
of the Legislature to accept such
Offices of emolument or profit. AT
all events. the main object was to
secure Legislature entirely free
from the presence of ofice-holders,
and that object could scarcely have
been secured by any less stringent
provision than that made. If there
are Office holders at present who can
not be dispensed with IN the Legisla-
ture, there is surely available mate
rial for filing their places when re
signed for the good OF the country.
Only when II Is proved by experience
that the country Is too small to FIR
nish Legislators and Office holders in
separate parcels. would it be wise to
forget the lessons of the past by
modifying the strict tenor Of the new